Pennsylvania § 1121 Council's powers concerning police

Pennsylvania Statutes

§ 1121 — Council's powers concerning police

Pennsylvania·Title 8 BOROUGHS AND INCORPORATED TOWNS·Part PART I·Ch. 11 POWERS, DUTIES AND RIGHTS OF·Subch. POLICE

(a)Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply:

(1)Council may appoint police officers, subject to Subchapter J (relating to civil service for police and fire apparatus operators).

(2)Council may remove, suspend or reduce in rank any police officer:

(i)in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or

(ii)subject to Subchapter J.

(3)Council shall designate the ranks in the police department and the duties of each

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(a) Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply:

(1) Council may appoint police officers, subject to Subchapter J (relating to civil service for police and fire apparatus operators).

(2) Council may remove, suspend or reduce in rank any police officer:

(i) in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or

(ii) subject to Subchapter J.

(3) Council shall designate the ranks in the police department and the duties of each rank and may designate one of the police officers as chief of police.

(4) Council may assign any member of the police department to attend training classes offered by the Federal or State Government and may pay the police officer's expenses while attending the school.

(5) Council shall determine the total weekly hours of employment that shall apply to the police officers.

(b) Powers of borough police officers.--A borough police officer shall have those powers and abilities as are granted to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the borough for which a fine or penalty is imposed unless otherwise excepted in this part.

(c) Ratification.--In any case in which a borough has previously appointed police officers or established a police department by action of council but not under an ordinance regularly enacted, the action shall be deemed to have been a valid exercise of the legislative power of the borough, and all police officers appointed shall occupy the same status and shall have the same rights and privileges as in the case of police officers appointed under authority of an ordinance.

(d) Political participation.--No police officer may participate in any political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the officer's right of suffrage.

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Legislative History

Special Provisions in Appendix.See section 4(3)(ix) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.